HB 1459 2003
1	A bill to be entitled
2	An act relating to water resources; amending s. 159.803,
3	F.S.; revising the definition of "priority project";
4	amending s. 163.3167, F.S.; requiring local governments to
5	include projected water use in comprehensive plans;
6	amending s. 367.081, F.S.; revising procedure for fixing
7	and changing rates to include the recovery of costs of
8	alternative water supply facilities; amending s. 367.0814,
9	F.S.; revising limit on the amount of revenues received by
10	a utility to qualify for staff assistance in changing
11	rates or charges; creating s. 373.227, F.S.; providing for
12	the development of a water conservation guidance manual by
13	the Department of Environmental Protection; providing for
14	purpose and contents of the manual and requirements with
15	respect thereto; requiring the Department of Environmental
16	Protection to adopt the manual by rule by a specified
17	date; providing program requirements for public water
18	supply utilities that choose to design a comprehensive
19	water conservation program based on the water conservation
20	guidance manual; amending s. 373.0361, F.S.; providing for
21	a public workshop on the development of regional water
22	supply plans that include the consideration of population
23	projections; providing for a list of water source options
24	in regional water supply plans; providing additional
25	regional water supply plan components; including
26	conservation measures in regional water supply plans;
27	revising specified reporting requirements of the
28	Department of Environmental Protection; providing that a
29	district water management plan may not be used as criteria
30	for the review of permits for consumptive uses of water
31	unless the plan or applicable portion thereof has been
32	adopted by rule; providing construction; amending s.
33	373.0831, F.S.; revising the criteria by which water
34	supply development projects may receive priority
35	consideration for funding assistance; providing for
36	permitting and funding of a proposed alternative water
37	supply project identified in the relevant approved
38	regional water supply plan; amending s. 373.1961, F.S.;
39	providing funding priority; providing for the
40	establishment of a revolving loan fund for alternative
41	water supply projects; providing conditions for certain
42	projects to receive funding assistance; amending s.
43	373.1963, F.S.; prohibiting the West Coast Regional Water
44	Supply Authority from seeking permits from the South
45	Florida Water Management District for the consumptive use
46	of water from groundwater in a specified area; amending s.
47	373.223, F.S.; requiring the Department of Environmental
48	Protection and the water management districts to submit
49	specified recommendations to the Legislature; creating s.
50	373.2231, F.S.; directing the Southwest Florida Water
51	Management District to conduct a comprehensive study of
52	the cumulative impacts of the existing and projected
53	demands on the water resources of the Peace River
54	watershed; providing for a report; creating s. 373.2234,
55	F.S.; authorizing the governing board of a water
56	management district to adopt rules identifying certain
57	preferred water supply sources; providing requirements
58	with respect to such rules; providing construction;
59	amending s. 373.250, F.S.; authorizing water management
60	districts to require the use of reclaimed water in lieu of
61	surface or groundwater when the use of uncommitted
62	reclaimed water is environmentally, economically, and
63	technically feasible; providing construction with respect
64	to such authority; amending s. 373.536, F.S.; expanding
65	requirements of the 5-year water resource development work
66	program for water management districts; providing
67	legislative findings and intent with regard to landscape
68	irrigation design; requiring water management districts to
69	develop landscape irrigation and xeriscape design
70	standards; providing for individual water meters in
71	certain establishments; providing exceptions; amending s.
72	378.212, F.S.; providing for the granting of a variance
73	from pt. III of ch. 378, F.S., relating to phosphate land
74	reclamation, for specified reclamation, and from pt. IV of
75	ch. 373, for certain projects under described
76	circumstances; amending s. 378.404, F.S.; authorizing the
77	department to grant variances from the provisions of part
78	IV of chapter 378 to accommodate reclamation that provides
79	for water supply development or water resource development
80	under specified circumstances; amending s. 403.064, F.S.;
81	revising provisions relating to reuse feasibility studies;
82	providing for metering use of reclaimed water and volume-
83	based rates therefor; requiring wastewater utilities to
84	submit plans for metering use and volume-based rate
85	structures to the department; creating s. 403.0645, F.S.;
86	providing for reclaimed water use at state facilities;
87	requiring reports; amending s. 403.1835, F.S.; authorizing
88	the Department of Environmental Protection to make
89	specified deposits for the purpose of enabling below-
90	market interest rate loans for treatment of polluted
91	water; providing for development of rate structures for
92	alternative water supply systems; providing criteria;
93	amending s. 403.1837, F.S.; deleting certain restrictions
94	on the issuance of bonds by the Florida Water Pollution
95	Control Financing Corporation; providing for a study of
96	the feasibility of discharging reclaimed wastewater into
97	canals and the aquifer system in a specified area as an
98	environmentally acceptable means of accomplishing
99	described objectives; requiring reports; providing
100	authority for local governments to impose a residential
101	acquisition fee by ordinance or resolution; prohibiting
102	imposition of a fee in an area where a fee has been
103	approved by another local government; providing for a
104	referendum; providing a fee schedule; providing procedures
105	for collection of fees; providing for utilization of
106	funds; requiring the county and municipalities to divide
107	funds pursuant to agreement; providing a time limit on
108	local government authorization to impose or collect
109	certain fees; providing an effective date.
110
111	Be It Enacted by the Legislature of the State of Florida:
112
113
114	Section 1. Subsection (5) of section 159.803, Florida
115	Statutes, is amended to read:
116	159.803 Definitions.--As used in this part, the term:
117	(5) "Priority project" means a solid waste disposal
118	facility or a sewage facility, as such terms are defined in s.
119	142 of the Code, or water facility, as defined in s. 142 of the
120	Code, which is operated by a member-owned, not-for-profit
121	utility,or any project which is to be located in an area which
122	is an enterprise zone designated pursuant to s. 290.0065.
123	Section 2. Subsection (13) is added to section 163.3167,
124	Florida Statutes, to read:
125	163.3167 Scope of act.--
126	(13) Each local government shall address in its
127	comprehensive plan, as enumerated in this chapter, the water
128	supply projects necessary to meet and achieve the existing and
129	projected water use demand for the established planning period,
130	considering the applicable plan developed pursuant to s.
131	373.0361.
132	Section 3. Subsection (2) of section 367.081, Florida
133	Statutes, is amended to read:
134	367.081 Rates; procedure for fixing and changing.--
135	(2)(a)1. The commission shall, either upon request or upon
136	its own motion, fix rates which are just, reasonable,
137	compensatory, and not unfairly discriminatory. In every such
138	proceeding, the commission shall consider the value and quality
139	of the service and the cost of providing the service, which
140	shall include, but not be limited to, debt interest; the
141	requirements of the utility for working capital; maintenance,
142	depreciation, tax, and operating expenses incurred in the
143	operation of all property used and useful in the public service;
144	and a fair return on the investment of the utility in property
145	used and useful in the public service. Pursuant to s.
146	373.1961(2)(l), the commission shall allow recovery of the full,
147	prudently incurred costs of alternative water supply facilities.
148	However, the commission shall not allow the inclusion of
149	contributions-in-aid-of-construction in the rate base of any
150	utility during a rate proceeding, nor shall the commission
151	impute prospective future contributions-in-aid-of-construction
152	against the utility's investment in property used and useful in
153	the public service; and accumulated depreciation on such
154	contributions-in-aid-of-construction shall not be used to reduce
155	the rate base, nor shall depreciation on such contributed assets
156	be considered a cost of providing utility service.
157	2. For purposes of such proceedings, the commission shall
158	consider utility property, including land acquired or facilities
159	constructed or to be constructed within a reasonable time in the
160	future, not to exceed 24 months after the end of the historic
161	base year used to set final rates unless a longer period is
162	approved by the commission, to be used and useful in the public
163	service, if:
164	a. Such property is needed to serve current customers;
165	b. Such property is needed to serve customers 5 years
166	after the end of the test year used in the commission's final
167	order on a rate request as provided in subsection (6) at a
168	growth rate for equivalent residential connections not to exceed
169	5 percent per year; or
170	c. Such property is needed to serve customers more than 5
171	full years after the end of the test year used in the
172	commission's final order on a rate request as provided in
173	subsection (6) only to the extent that the utility presents
174	clear and convincing evidence to justify such consideration.
175
176	Notwithstanding the provisions of this paragraph, the commission
177	shall approve rates for service which allow a utility to recover
178	from customers the full amount of environmental compliance
179	costs. Such rates may not include charges for allowances for
180	funds prudently invested or similar charges. For purposes of
181	this requirement, the term "environmental compliance costs"
182	includes all reasonable expenses and fair return on any prudent
183	investment incurred by a utility in complying with the
184	requirements or conditions contained in any permitting,
185	enforcement, or similar decisions of the United States
186	Environmental Protection Agency, the Department of Environmental
187	Protection, a water management district, or any other
188	governmental entity with similar regulatory jurisdiction.
189	(b) In establishing initial rates for a utility, the
190	commission may project the financial and operational data as set
191	out in paragraph (a) to a point in time when the utility is
192	expected to be operating at a reasonable level of capacity.
193	Section 4. Subsection (1) of section 367.0814, Florida
194	Statutes, is amended to read:
195	367.0814 Staff assistance in changing rates and charges;
196	interim rates.--
197	(1) The commission may establish rules by which a water or
198	wastewater utility whose gross annual revenues are $200,000
199	$150,000or less may request and obtain staff assistance for the
200	purpose of changing its rates and charges. A utility may request
201	staff assistance by filing an application with the commission.
202	Section 5. Section 373.227, Florida Statutes, is created
203	to read:
204	373.227 Water conservation guidance manual.--
205	(1) The Legislature recognizes that the proper
206	conservation of water is an important means of achieving the
207	economical and efficient utilization of water necessary to
208	constitute a reasonable-beneficial use. The Legislature
209	encourages the development and use of water conservation
210	measures that are effective, flexible, and affordable. In the
211	context of the use of water for public supply provided by a
212	water utility, the Legislature intends for a variety of
213	conservation measures to be available and used to encourage
214	efficient water use. The Legislature finds that the social,
215	economic, and cultural conditions of this state relating to the
216	use of public water supply vary by geographic region, and thus
217	water utilities must have the flexibility to tailor water
218	conservation measures to best suit their individual
219	circumstances. For purposes of this section, the term “public
220	water supply utility” shall include both publicly owned and
221	privately owned public water supply utilities.
222	(2) In order to implement the findings in subsection (1),
223	the Department of Environmental Protection shall develop a water
224	conservation guidance manual containing a menu of water
225	conservation measures from which public water supply utilities
226	may select in the development of a comprehensive, goal-based
227	water conservation program tailored for their individual service
228	areas that is effective and does not impose undue costs or
229	burdens on customers. The water conservation guidance manual
230	shall promote statewide consistency in the approach to utility
231	conservation while maintaining appropriate flexibility. The
232	manual may contain measures such as: water conservation audits,
233	informative billing practices to educate customers on their
234	patterns of water use, the costs of water, and ways to conserve
235	water; ordinances requiring low-flow plumbing fixtures and
236	efficient landscape irrigation; rebate programs for the
237	installation of water-saving plumbing or appliances; general
238	water conservation educational programs including bill inserts;
239	measures to promote the more effective and efficient reuse of
240	reclaimed water; water conservation or drought rate structures
241	that encourage customers to conserve water through appropriate
242	price signals; and programs to apply utility profits generated
243	through conservation and drought rates to additional water
244	conservation programs or water supply development. The manual
245	shall specifically state that it is the responsibility of the
246	appropriate utility to determine the specific rates it will
247	charge its customers and that the role of the department or
248	water management district is confined to the review of those
249	rate structures to determine whether they encourage water
250	conservation. The water conservation guidance manual shall also
251	state that a utility need not adopt a water conservation or
252	drought rate structure if the utility employs other measures
253	that are equally or more effective. The manual shall provide for
254	different levels of complexity and expected levels of effort in
255	conservation programs depending on the size of the utility.
256	However, all utilities will be expected to have at least basic
257	programs in each of the following areas:
258	(a) Individual metering, to the extent feasible as
259	determined by the utility.
260	(b) Water accounting and loss control.
261	(c) Cost of service accounting.
262	(d) Information programs on water conservation.
263	(e) Landscaping water efficiency programs.
264	(3) The Department of Environmental Protection shall
265	develop the water conservation guidance manual no later than
266	June 15, 2004. The department shall develop the manual in
267	consultation with interested parties, which, at a minimum, shall
268	include representatives from the water management districts,
269	three utilities that are members of the American Water Works
270	Association, two utilities that are members of the Florida Water
271	Environment Association, a representative of the Florida Chamber
272	of Commerce, representatives of counties and municipalities, and
273	representatives of environmental organizations. By December 15,
274	2004, the department shall adopt the water conservation guidance
275	manual by rule. Once the department adopts the water
276	conservation guidance manual by rule, the water management
277	districts may apply the manual and any revisions thereto in the
278	review of water conservation requirements for obtaining a permit
279	pursuant to part II without the need to adopt the manual
280	pursuant to s. 120.54. Once the water conservation guidance
281	manual is adopted by rule, a public water supply utility may
282	choose to comply with the standard water conservation
283	requirements adopted by the appropriate water management
284	district for obtaining a consumptive use permit from that
285	district, or may choose to develop a comprehensive, goal-based
286	water conservation program from the options contained in the
287	manual. If the utility chooses to design a comprehensive water
288	conservation program based on the water conservation guidance
289	manual, the proposed program must include the following:
290	(a) An inventory of water system characteristics and
291	conservation opportunities.
292	(b) Demand forecasts.
293	(c) An explanation of the proposed program.
294	(d) Specific numeric water conservation targets for the
295	utility as a whole and for appropriate customer classes, with a
296	justification of why the numeric targets are appropriate based
297	on that utility’s particular customer characteristics and
298	conservation opportunities.
299	(e) A demonstration that the program will promote
300	effective water conservation at least as well as standard water
301	use conservation requirements adopted by the appropriate water
302	management district.
303	(f) A timetable for the utility and the water management
304	district to evaluate progress in meeting the water conservation
305	targets and making needed program modifications.
306	(4) If the utility provides reasonable assurance that the
307	proposed conservation program is consistent with the water
308	conservation guidance manual and contains the elements specified
309	in subsection (3), then the water management district shall
310	approve the proposed program and the program shall satisfy water
311	conservation requirements imposed as a condition of obtaining a
312	permit under part II. The department, in consultation with the
313	parties specified in subsection (3), may periodically amend or
314	revise the water conservation guidance manual rule as
315	appropriate to reflect changed circumstances or new technologies
316	or approaches. The findings and provisions in this section shall
317	not be construed to apply to users of water other than public
318	and private water supply utilities.
319	Section 6. Subsections (1), (2), (5), and (6) of section
320	373.0361, Florida Statutes, are amended to read:
321	373.0361 Regional water supply planning.--
322	(1) By October 1, 1998, the governing board shall initiate
323	water supply planning for each water supply planning region
324	identified in the district water management plan under s.
325	373.036, where it determines that sources of water are not
326	adequate for the planning period to supply water for all
327	existing and projected reasonable-beneficial uses and to sustain
328	the water resources and related natural systems. The planning
329	must be conducted in an open public process, in coordination and
330	cooperation with local governments, regional water supply
331	authorities, government-owned and privately owned water
332	utilities, self-suppliers, and other affected and interested
333	parties. During development but prior to completion of the
334	regional water supply plan, the district must conduct at least
335	one public workshop to discuss the technical data and modeling
336	tools anticipated to be used to support the plan.A
337	determination by the governing board that initiation of a
338	regional water supply plan for a specific planning region is not
339	needed pursuant to this section shall be subject to s. 120.569.
340	The governing board shall reevaluate such a determination at
341	least once every 5 years and shall initiate a regional water
342	supply plan, if needed, pursuant to this subsection.
343	(2) Each regional water supply plan shall be based on at
344	least a 20-year planning period and shall include, but not be
345	limited to:
346	(a) A water supply development component that includes:
347	1. A quantification of the water supply needs for all
348	existing and reasonably projected future uses within the
349	planning horizon. The level-of-certainty planning goal
350	associated with identifying the water supply needs of existing
351	and future reasonable-beneficial uses shall be based upon
352	meeting those needs for a 1-in-10-year drought event. Population
353	projections used for determining public water supply needs shall
354	be based upon the best available data. In determining the best
355	available data, the district shall consider the University of
356	Florida’s Bureau of Economic and Business Research (BEBR) medium
357	population projections and any population projection data and
358	analysis submitted by a local government pursuant to the public
359	workshop described in subsection (1) when such data and analysis
360	support the local government’s comprehensive plan. Any
361	adjustment of or deviation from the BEBR projections shall be
362	fully described and the original BEBR data shall be presented
363	along with the adjusted data.
364	2. A list of water source options for water supply
365	development, including traditional and alternative source
366	optionssources, from which local government, government-owned
367	and privately owned utilities, self-suppliers, and others may
368	choose, for water supply development, the total capacity of
369	which will, in conjunction with water conservation and other
370	demand management measures,exceed the needs identified in
371	subparagraph 1.
372	3. For each option listed in subparagraph 2., the
373	estimated amount of water available for use and the estimated
374	costs of and potential sources of funding for water supply
375	development.
376	4. A list of water supply development projects that meet
377	the criteria in s. 373.0831(4).
378	(b) A water resource development component that includes:
379	1. A listing of those water resource development projects
380	that support water supply development.
381	2. For each water resource development project listed:
382	a. An estimate of the amount of water to become available
383	through the project.
384	b. The timetable for implementing or constructing the
385	project and the estimated costs for implementing, operating, and
386	maintaining the project.
387	c. Sources of funding and funding needs.
388	d. Who will implement the project and how it will be
389	implemented.
390	(c) The recovery and prevention strategy described in s.
391	373.0421(2).
392	(d) A funding strategy for water resource development
393	projects, which shall be reasonable and sufficient to pay the
394	cost of constructing or implementing all of the listed projects.
395	(e) Consideration of how the options addressed in
396	paragraphs (a) and (b) serve the public interest or save costs
397	overall by preventing the loss of natural resources or avoiding
398	greater future expenditures for water resource development or
399	water supply development. However, unless adopted by rule, these
400	considerations do not constitute final agency action.
401	(f) The technical data and information applicable to the
402	planning region which are contained in the district water
403	management plan and are necessary to support the regional water
404	supply plan.
405	(g) The minimum flows and levels established for water
406	resources within the planning region.
407	(h) Reservations of water adopted by rule pursuant to s.
408	373.223(4).
409	(i) An analysis, developed in cooperation with the
410	department, of areas or instances in which the variance
411	provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
412	create water supply development or water resource development
413	projects.
414
415	Within boundaries of a regional water supply authority, those
416	parts of the water supply development component of the regional
417	water supply plan which deal with or affect public utilities and
418	public water supply shall be developed jointly by such authority
419	and the district for those areas served by the authority and its
420	member governments.
421	(5) By November 15, 1997, and Annually and in conjunction
422	with the reporting requirements of s. 373.536(6)(a)4.
423	thereafter, the department shall submit to the Governor and the
424	Legislature a report on the status of regional water supply
425	planning in each district. The report shall include:
426	(a) A compilation of the estimated costs of and potential
427	sources of funding for water resource development and water
428	supply development projects, as identified in the water
429	management district regional water supply plans.
430	(b) A description of each district's progress toward
431	achieving its water resource development objectives, as directed
432	by s. 373.0831(3), including the district's implementation of
433	its 5-year water resource development work program.
434	(c) An assessment of the overall progress being made to
435	develop water supply that is consistent with regional water
436	supply plans to meet existing and future reasonable-beneficial
437	needs during a 1-in-10-year drought.
438	(6) Nothing contained in the water supply development
439	component of the district water management plan shall be
440	construed to require local governments, government-owned or
441	privately owned water utilities, self-suppliers, or other water
442	suppliers to select a water supply development option identified
443	in the component merely because it is identified in the plan,
444	nor may the plan be used in the review of permits under part II
445	unless the plan, or an applicable portion thereof, has been
446	adopted by rule. However, this subsection does not prohibit a
447	water management district from employing the data or other
448	information used to establish the plan in reviewing permits
449	under part II, nor shall itnotbe construed to limit the
450	authority of the department or governing board under part II.
451	Section 7. Subsection (3) of section 373.0831, Florida
452	Statutes, is amended, and paragraph (c) is added to subsection
453	(4) of said section, to read:
454	373.0831 Water resource development; water supply
455	development.--
456	(3) The water management districts shall fund and
457	implement water resource development as defined in s. 373.019.
458	The water management districts are encouraged to implement water
459	resource development as expeditiously as possible in areas
460	subject to regional water supply plans.Each governing board
461	shall include in its annual budget the amount needed for the
462	fiscal year to implement water resource development projects, as
463	prioritized in its regional water supply plans.
464	(4)
465	(c) If a proposed alternative water supply development
466	project is identified in the relevant approved regional water
467	supply plan, the project shall receive:
468	1. A 20-year consumptive use permit, if it otherwise meets
469	the permit requirements under ss. 373.223 and 373.236 and rules
470	adopted thereunder.
471	2. Priority funding pursuant to s. 373.1961(2) if the
472	project meets one of two criteria in s. 373.0831(4).
473	Section 8. Subsection (2) of section 373.1961, Florida
474	Statutes, is amended to read:
475	373.1961 Water production.--
476	(2) The Legislature finds that, due to a combination of
477	factors, vastly increased demands have been placed on natural
478	supplies of fresh water, and that, absent increased development
479	of alternative water supplies, such demands may increase in the
480	future. The Legislature also finds that potential exists in the
481	state for the production of significant quantities of
482	alternative water supplies, including reclaimed water, and that
483	water production includes the development of alternative water
484	supplies, including reclaimed water, for appropriate uses. It is
485	the intent of the Legislature that utilities develop reclaimed
486	water systems, where reclaimed water is the most appropriate
487	alternative water supply option, to deliver reclaimed water to
488	as many users as possible through the most cost-effective means,
489	and to construct reclaimed water system infrastructure to their
490	owned or operated properties and facilities where they have
491	reclamation capability. It is also the intent of the Legislature
492	that the water management districts which levy ad valorem taxes
493	for water management purposes should share a percentage of those
494	tax revenues with water providers and users, including local
495	governments, water, wastewater, and reuse utilities, municipal,
496	industrial, and agricultural water users, and other public and
497	private water users, to be used to supplement other funding
498	sources in the development of alternative water supplies. The
499	Legislature finds that public moneys or services provided to
500	private entities for such uses constitute public purposes which
501	are in the public interest. In order to further the development
502	and use of alternative water supply systems, including reclaimed
503	water systems, the Legislature provides the following:
504	(a) The governing boards of the water management districts
505	where water resource caution areas have been designated shall
506	include in their annual budgets an amount for the development of
507	alternative water supply systems, including reclaimed water
508	systems, pursuant to the requirements of this subsection.
509	Beginning in 1996, such amounts shall be made available to water
510	providers and users no later than December 31 of each year,
511	through grants, matching grants, revolving loans, or the use of
512	district lands or facilities pursuant to the requirements of
513	this subsection and guidelines established by the districts. In
514	making grants or loans, funding priority shall be given to
515	projects in accordance with s. 373.0831(4). Without diminishing
516	amounts available through other means described in this
517	paragraph, the governing boards are encouraged to consider
518	establishing revolving loan funds to expand the total funds
519	available to accomplish the objectives of this section. A
520	revolving loan fund created pursuant to this paragraph shall be
521	a nonlapsing fund from which the water management district may
522	make loans with interest rates below prevailing market rates to
523	public or private entities for the purposes described in this
524	section. The governing board may adopt resolutions to establish
525	revolving loan funds which shall specify the details of the
526	administration of the fund, the procedures for applying for
527	loans from the fund, the criteria for awarding loans from the
528	fund, the initial capitalization of the fund, and the goals for
529	future capitalization of the fund in subsequent budget years.
530	Revolving loan funds created pursuant to this paragraph shall be
531	used to expand the total sums and sources of cooperative funding
532	available for the development of alternative water supplies. The
533	Legislature does not intend for the creation of revolving loan
534	trust funds to supplant or otherwise reduce existing sources or
535	amounts of funds currently available through other means.
536	(b) It is the intent of the Legislature that for each
537	reclaimed water utility, or any other utility, which receives
538	funds pursuant to this subsection, the appropriate rate-setting
539	authorities should develop rate structures for all water,
540	wastewater, and reclaimed water and other alternative water
541	supply utilities in the service area of the funded utility,
542	which accomplish the following:
543	1. Provide meaningful progress toward the development and
544	implementation of alternative water supply systems, including
545	reclaimed water systems;
546	2. Promote the conservation of fresh water withdrawn from
547	natural systems;
548	3. Provide for an appropriate distribution of costs for
549	all water, wastewater, and alternative water supply utilities,
550	including reclaimed water utilities, among all of the users of
551	those utilities; and
552	4. Prohibit rate discrimination within classes of utility
553	users.
554	(c) Funding assistance provided by the water management
555	districts for a water reuse system project shall include the
556	following grant or loan conditions for that project when the
557	water management district determines such conditions will
558	encourage water use efficiency:
559	1. Metering of reclaimed water use for the following
560	activities: residential irrigation, agricultural irrigation,
561	industrial uses except for electric utilities as defined in s.
562	366.02(2), golf course irrigation, landscape irrigation,
563	irrigation of other public access areas, commercial and
564	institutional uses such as toilet flushing, and transfers to
565	other reclaimed water utilities.
566	2. Implementation of reclaimed water rate structures based
567	on actual use of reclaimed water for the types of reuse
568	activities listed in subparagraph 1.
569	3. Implementation of education programs to inform the
570	public about water issues, water conservation, and the
571	importance and proper use of reclaimed water.
572	4. Development of location data for key reuse facilities.
573	(d)(c)In order to be eligible for funding pursuant to
574	this subsection, a project must be consistent with a local
575	government comprehensive plan and the governing body of the
576	local government must require all appropriate new facilities
577	within the project's service area to connect to and use the
578	project's alternative water supplies. The appropriate local
579	government must provide written notification to the appropriate
580	district that the proposed project is consistent with the local
581	government comprehensive plan.
582	(e)(d)Any and all revenues disbursed pursuant to this
583	subsection shall be applied only for the payment of capital or
584	infrastructure costs for the construction of alternative water
585	supply systems that provide alternative water supplies.
586	(f)(e)By January 1 of each year, the governing boards
587	shall make available written guidelines for the disbursal of
588	revenues pursuant to this subsection. Such guidelines shall
589	include at minimum:
590	1. An application process and a deadline for filing
591	applications annually.
592	2. A process for determining project eligibility pursuant
593	to the requirements of paragraphs (d)(c) and (e)(d).
594	3. A process and criteria for funding projects pursuant to
595	this subsection that cross district boundaries or that serve
596	more than one district.
597	(g)(f)The governing board of each water management
598	district shall establish an alternative water supplies grants
599	advisory committee to recommend to the governing board projects
600	for funding pursuant to this subsection. The advisory committee
601	members shall include, but not be limited to, one or more
602	representatives of county, municipal, and investor-owned private
603	utilities, and may include, but not be limited to,
604	representatives of agricultural interests and environmental
605	interests. Each committee member shall represent his or her
606	interest group as a whole and shall not represent any specific
607	entity. The committee shall apply the guidelines and project
608	eligibility criteria established by the governing board in
609	reviewing proposed projects. After one or more hearings to
610	solicit public input on eligible projects, the committee shall
611	rank the eligible projects and shall submit them to the
612	governing board for final funding approval. The advisory
613	committee may submit to the governing board more projects than
614	the available grant money would fund.
615	(h)(g)All revenues made available annually pursuant to
616	this subsection must be encumbered annually by the governing
617	board if it approves projects sufficient to expend the available
618	revenues. Funds must be disbursed within 36 months after
619	encumbrance.
620	(i)(h)For purposes of this subsection, alternative water
621	supplies are supplies of water that have been reclaimed after
622	one or more public supply, municipal, industrial, commercial, or
623	agricultural uses, or are supplies of stormwater, or brackish or
624	salt water, that have been treated in accordance with applicable
625	rules and standards sufficient to supply the intended use.
626	(j)(i)This subsection shall not be subject to the
627	rulemaking requirements of chapter 120.
628	(k)(j)By January 30 of each year, each water management
629	district shall submit an annual report to the Governor, the
630	President of the Senate, and the Speaker of the House of
631	Representatives which accounts for the disbursal of all budgeted
632	amounts pursuant to this subsection. Such report shall describe
633	all projects funded and shall account separately for moneys
634	provided through grants, matching grants, revolving loans, and
635	the use of district lands or facilities.
636	(l)(k)The Florida Public Service Commission shall allow
637	entities under its jurisdiction constructing alternative water
638	supply facilities, including but not limited to aquifer storage
639	and recovery wells, to recover the full, prudently incurred cost
640	of such facilities through their rate structure. Every component
641	of an alternative water supply facility constructed by an
642	investor-owned utility shall be recovered in current rates.
643	Section 9. Subsection (9) is added to section 373.1963,
644	Florida Statutes, to read:
645	373.1963 Assistance to West Coast Regional Water Supply
646	Authority.--
647	(9) It is the intent of the Legislature that wetland areas
648	in northeastern Hillsborough County which have not yet been
649	adversely impacted by groundwater withdrawals for consumptive
650	use not be subject to groundwater withdrawals by the development
651	of wellfields by the authority. In order to protect the
652	wetlands in this area, the authority is hereby prohibited from
653	seeking permits from the Southwest Florida Water Management
654	District for the consumptive use of water from groundwater in
655	northeastern Hillsborough County north of Knights Griffin Road
656	and east of State Road 39.
657	Section 10. Subsection (5) is added to section 373.223,
658	Florida Statutes, to read:
659	373.223 Conditions for a permit.--
660	(5) The Legislature finds that the issuance of consumptive
661	use permits has a direct relation to efficient and effective
662	water resource development. The Legislature further finds that
663	the management of consumptive use permits has a direct relation
664	to efficient and effective water supply development. To help
665	identify the changes necessary to better utilize these permits,
666	the Legislature directs that the Department of Environmental
667	Protection and each water management district submit
668	recommendations to the appropriate substantive committees of
669	each house of the Legislature by December 1, 2003. The
670	recommendations shall identify alternative methods of extending
671	the use of existing water resources, including, but not limited
672	to, the potential rights of existing permitholders to share
673	water allocated under a consumptive use permit. The department
674	and the districts are encouraged to use public hearings to
675	gather information and shall include information provided by
676	basin boards and regional water supply authorities.
677	Section 11. Section 373.2231, Florida Statutes, is created
678	to read:
679	373.2231 Peace River comprehensive study.--The Legislature
680	acknowledges that there are many and varied demands on the
681	available water supplies on the Peace River watershed from
682	industry, agriculture, and commercial and residential
683	development. The cumulative impact of all these demands has the
684	potential to significantly reduce the fresh water flows and
685	levels in the Peace River. Accordingly, the Legislature hereby
686	directs the Southwest Florida Water Management District to
687	conduct a comprehensive study of the cumulative impacts of the
688	existing and projected demands on the water resources of the
689	Peace River watershed. The study shall be completed and a report
690	of the study submitted to the Governor, the President of the
691	Senate, and the Speaker of the House of Representatives by June
692	1, 2004.
693	Section 12. Section 373.2234, Florida Statutes, is created
694	to read:
695	373.2234 Preferred water supply sources.--The governing
696	board of the district is authorized to adopt rules identifying
697	preferred water supply sources for which there is sufficient
698	data to establish that the source can be used to provide a
699	substantial new water supply to meet existing and reasonably
700	anticipated water needs in a water supply planning region
701	identified pursuant to s. 373.0361(1) while sustaining the water
702	resources and related natural systems. Such rules shall, at a
703	minimum, contain a description of the source and an assessment
704	of the water the source is projected to produce. If a
705	consumptive use permit applicant proposes to use such a source
706	consistent with the assessment, the proposed use shall be
707	subject to the provisions of s. 373.223(1), but such proposed
708	use shall be a factor deemed to be consistent with the public
709	interest pursuant to s. 373.223(1)(c). A consumptive use permit
710	issued approving the use of such a source shall be for at least
711	20 years and may be subject to the provisions of s. 373.226(3).
712	However, nothing in this section shall be construed to provide
713	that the use of nonpreferred sources must receive a permit
714	duration of less than 20 years or that such nonpreferred sources
715	are not consistent with the public interest.
716	Section 13. Paragraph (c) is added to subsection (2) of
717	section 373.250, Florida Statutes, to read:
718	373.250 Reuse of reclaimed water.--
719	(2)
720	(c) A water management district may require the use of
721	reclaimed water in lieu of surface water or groundwater when the
722	use of uncommitted reclaimed water is environmentally,
723	economically, and technically feasible. However, while
724	recognizing that the state’s surface water and groundwater are
725	public resources, nothing in this paragraph shall be construed
726	to give a water management district the authority to require a
727	provider of reclaimed water to redirect reclaimed water from one
728	user to another or to provide uncommitted water to a specific
729	user if such water is anticipated to be used by the provider, or
730	a different user selected by the provider, within a reasonable
731	amount of time.
732	Section 14. Paragraph (a) of subsection (6) of section
733	373.536, Florida Statutes, is amended to read:
734	373.536 District budget and hearing thereon.--
735	(6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
736	WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
737	(a) Each district must, by the date specified for each
738	item, furnish copies of the following documents to the Governor,
739	the President of the Senate, the Speaker of the House of
740	Representatives, the chairs of all legislative committees and
741	subcommittees having substantive or fiscal jurisdiction over the
742	districts, as determined by the President of the Senate or the
743	Speaker of the House of Representatives as applicable, the
744	secretary of the department, and the governing board of each
745	county in which the district has jurisdiction or derives any
746	funds for the operations of the district:
747	1. The adopted budget, to be furnished within 10 days
748	after its adoption.
749	2. A financial audit of its accounts and records, to be
750	furnished within 10 days after its acceptance by the governing
751	board. The audit must be conducted in accordance with the
752	provisions of s. 11.45 and the rules adopted thereunder. In
753	addition to the entities named above, the district must provide
754	a copy of the audit to the Auditor General within 10 days after
755	its acceptance by the governing board.
756	3. A 5-year capital improvements plan, to be furnished
757	within 45 days after the adoption of the final budget. The plan
758	must include expected sources of revenue for planned
759	improvements and must be prepared in a manner comparable to the
760	fixed capital outlay format set forth in s. 216.043.
761	4. A 5-year water resource development work program to be
762	furnished within 45 days after the adoption of the final budget.
763	The program must describe the district's implementation strategy
764	for the water resource development component of each approved
765	regional water supply plan developed or revised under s.
766	373.0361. The work program must address all the elements of the
767	water resource development component in the district's approved
768	regional water supply plans and must identify which projects in
769	the work program will provide water, explain how each water
770	resource development project will produce additional water
771	available for consumptive uses, estimate the quantity of water
772	to be produced by each project, and provide an assessment of the
773	contribution of the district’s regional water supply plans in
774	providing sufficient water to meet the water supply needs of
775	existing and future reasonable-beneficial uses for a 1-in-10-
776	year drought event. Within 45 days after its submittal, the
777	department shall review the proposed work program and submit its
778	findings, questions, and comments to the district. The review
779	must include a written evaluation of the program's consistency
780	with the furtherance of the district's approved regional water
781	supply plans, and the adequacy of proposed expenditures. As part
782	of the review, the department shall give interested parties the
783	opportunity to provide written comments on each district's
784	proposed work program. Within 60 days after receipt of the
785	department's evaluation, the governing board shall state in
786	writing to the department which changes recommended in the
787	evaluation it will incorporate into its work program or specify
788	the reasons for not incorporating the changes. The department
789	shall include the district's responses in a final evaluation
790	report and shall submit a copy of the report to the Governor,
791	the President of the Senate, and the Speaker of the House of
792	Representatives.
793	(b) If any entity listed in paragraph (a) provides written
794	comments to the district regarding any document furnished under
795	this subsection, the district must respond to the comments in
796	writing and furnish copies of the comments and written responses
797	to the other entities.
798	Section 15. Landscape irrigation design.--
799	(1) The Legislature finds that multiple areas throughout
800	the state have been identified by water management districts as
801	water resource caution areas, which indicates that in the near
802	future water demand in those areas will exceed the current
803	available water supply and that conservation is one of the
804	mechanisms by which future water demand will be met.
805	(2) The Legislature finds that landscape irrigation
806	comprises a significant portion of water use and that the
807	current typical landscape irrigation system and xeriscape
808	designs offer significant potential water conservation benefits.
809	(3) It is the intent of the Legislature to improve
810	landscape irrigation water use efficiency by ensuring landscape
811	irrigation systems meet or exceed minimum design criteria.
812	(4) The water management districts shall develop and adopt
813	by rule landscape irrigation and xeriscape design standards for
814	new construction that incorporate a landscape irrigation system.
815	The standards shall be based on the irrigation code defined in
816	the Florida Building Code, Plumber’s Volume, Appendix F. Such
817	design standards should promote the effective and efficient use
818	of irrigation water and include a consideration of local
819	demographic, hydrologic, and other considerations as they apply
820	to landscape irrigation water use. When adopting an ordinance or
821	regulation, local governments shall use these approved
822	irrigation design standards.
823	(5) The water management districts shall work with the
824	Florida Chapter of the American Society of Landscape Architects,
825	the Florida Irrigation Society, the Florida Nurserymen and
826	Growers Association, the Department of Agriculture and Consumer
827	Services, the Institute of Food and Agricultural Sciences, the
828	Department of Environmental Protection, the Florida League of
829	Cities, and the Florida Association of Counties to develop
830	scientifically-based model guidelines for urban, commercial, and
831	residential landscape irrigation, including drip irrigation, for
832	plants, trees, sod, and other landscaping. Local governments
833	shall use the scientific information when developing landscape
834	irrigation ordinances or guidelines. Every 3 years, the
835	agencies and entities specified in this subsection shall review
836	the model guidelines to determine whether new research findings
837	require a change or modification of the guidelines.
838	Section 16. Water metering.--Where economically and
839	logistically feasible, individual water meters shall be required
840	for each new separate occupancy unit of commercial
841	establishments; multifamily residential buildings; condominiums
842	and cooperatives; marinas; and trailer, mobile home, and
843	recreational vehicle parks for which construction is commenced
844	after July 1, 2003. The applicable water utility is not required
845	to assume ownership, maintenance, or billing responsibility for
846	any submeters resulting from such individual metering. A utility
847	may require a master meter at such establishments for purposes
848	of billing a single entity, whereupon the entity may in turn
849	bill the owners of the individual submeters. Individual water
850	meters shall not be required:
851	(1) In those portions of a commercial establishment where
852	the floor space dimensions or physical configuration of the
853	units is subject to alteration as evidenced by nonstructural
854	element partition walls, unless the utility determines that
855	adequate provisions can be made to modify the metering to
856	accurately reflect such alterations.
857	(2) For water used in specialized-use housing such as
858	hospitals, nursing homes, assisted living facilities,
859	convalescent homes, facilities certified under chapter 651,
860	Florida Statutes, government financed or subsidized housing for
861	the elderly or disabled, college dormitories, convents, sorority
862	houses, fraternity houses, motels, hotels, or similar
863	facilities.
864	(3) For separate specifically designated areas for
865	overnight occupancy at trailer, mobile home, and recreational
866	vehicle parks where permanent residency is not established and
867	for marinas where living on board is prohibited by ordinance,
868	deed restriction, or other permanent means.
869	(4) For sites in mobile home parks that were permitted for
870	occupancy by the Department of Health prior to July 1, 2003.
871	(5) For timeshare developments, provided that all of the
872	occupancy units are committed to a timeshare plan as defined in
873	and regulated by chapter 721, Florida Statutes, and none of the
874	occupancy units is used for permanent occupancy.
875	Section 17. Paragraph (g) is added to subsection (1) of
876	section 378.212, Florida Statutes, to read:
877	378.212 Variances.--
878	(1) Upon application, the secretary may grant a variance
879	from the provisions of this part or the rules adopted pursuant
880	thereto. Variances and renewals thereof may be granted for any
881	one of the following reasons:
882	(g) To accommodate reclamation that provides water supply
883	development or water resource development not inconsistent with
884	the applicable regional water supply plan approved pursuant to
885	s. 373.0361, provided adverse impacts are not caused to the
886	water resources in the basin. A variance may also be granted
887	from the requirements of part IV of chapter 373, or the rules
888	adopted thereunder, when a project provides an improvement in
889	water availability in the basin and does not cause adverse
890	impacts to water resources in the basin.
891	Section 18. Subsection (9) is added to section 378.404,
892	Florida Statutes, to read:
893	378.404 Department of Environmental Protection; powers and
894	duties.--The department shall have the following powers and
895	duties:
896	(9) To grant variances from the provisions of this part to
897	accommodate reclamation that provides for water supply
898	development or water resource development not inconsistent with
899	the applicable regional water supply plan approved pursuant to
900	s. 373.0361, appropriate stormwater management, improved
901	wildlife habitat, recreation, or a mixture thereof, provided
902	adverse impacts are not caused to the water resources in the
903	basin and public health and safety are not adversely affected.
904	Section 19. Subsections (1) and (6) of section 403.064,
905	Florida Statutes, are amended, and subsection (16) is added to
906	said section, to read:
907	403.064 Reuse of reclaimed water.--
908	(1) The encouragement and promotion of water conservation,
909	and reuse of reclaimed water, as defined by the department, are
910	state objectives and are considered to be in the public
911	interest. The Legislature finds that the reuse of reclaimed
912	water is a critical component of meeting the state's existing
913	and future water supply needs while sustaining natural systems.
914	The Legislature further finds that for those wastewater
915	treatment plants permitted and operated under an approved reuse
916	program by the department, the reclaimed water shall be
917	considered environmentally acceptable and not a threat to public
918	health and safety. The Legislature encourages the development of
919	incentive-based programs for reuse implementation.
920	(6) A reuse feasibility study prepared under subsection
921	(2) satisfies a water management district requirement to conduct
922	a reuse feasibility study imposed on a local government or
923	utility that has responsibility for wastewater management. The
924	data included in the study and the study’s conclusions shall be
925	given significant consideration by the applicant and the
926	appropriate water management district in an analysis of the
927	economic, environmental, and technical feasibility of providing
928	reclaimed water for reuse under part II of chapter 373, and
929	shall be presumed relevant to the determination of feasibility.
930	A water management district shall not require a separate study
931	when a reuse feasibility study has been completed under
932	subsection (2).
933	(16) Utilities implementing reuse projects are encouraged,
934	except in the case of use by electric utilities as defined in s.
935	366.02(2), to meter use of reclaimed water by all end users and,
936	to charge for the use of reclaimed water based on the actual
937	volume used when such metering and charges can be shown to
938	encourage water conservation. Metering and the use of volume-
939	based rates are effective water management tools for the
940	following reuse activities: residential irrigation, agricultural
941	irrigation, industrial uses, golf course irrigation, landscape
942	irrigation, irrigation of other public access areas, commercial
943	and institutional uses such as toilet flushing, and transfers to
944	other reclaimed water utilities. Beginning with the submittal
945	due on January 1, 2004, each domestic wastewater utility that
946	provides reclaimed water for the reuse activities listed in this
947	section shall include a summary of its metering and rate
948	structure as part of its annual reuse report to the department.
949	Section 20. Section 403.0645, Florida Statutes, is created
950	to read:
951	403.0645 Reclaimed water use at state facilities.--
952	(1) The encouragement and promotion of reuse of reclaimed
953	water has been established as a state objective in ss. 373.250
954	and 403.064. Reuse has become an integral part of water and
955	wastewater management in Florida, and Florida is recognized as a
956	national leader in water reuse.
957	(2) The state and various state agencies and water
958	management districts should take a leadership role in using
959	reclaimed water in lieu of other water sources. Use of reclaimed
960	water by state agencies and facilities will conserve potable
961	water and will serve an important public education function.
962	(3) All state agencies and water management districts are
963	directed to use reclaimed water to the greatest extent
964	practicable for landscape irrigation, toilet flushing, aesthetic
965	features such as decorative ponds and fountains, cooling water,
966	and other useful purposes allowed by department rules at state
967	facilities, including, but not limited to, parks, rest areas,
968	visitor welcome centers, buildings, college campuses, and other
969	facilities.
970	(4) Each state agency and water management district shall
971	submit to the Secretary of Environmental Protection by February
972	1 of each year a summary of activities designed to utilize
973	reclaimed water at its facilities along with a summary of the
974	amounts of reclaimed water actually used for beneficial
975	purposes.
976	Section 21. Paragraph (b) of subsection (3) of section
977	403.1835, Florida Statutes, is amended, and subsection (12) is
978	added to said section, to read:
979	403.1835 Water pollution control financial assistance.--
980	(3) The department may provide financial assistance
981	through any program authorized under s. 603 of the Federal Water
982	Pollution Control Act (Clean Water Act), Pub. L. No. 92-500, as
983	amended, including, but not limited to, making grants and loans,
984	providing loan guarantees, purchasing loan insurance or other
985	credit enhancements, and buying or refinancing local debt. This
986	financial assistance must be administered in accordance with
987	this section and applicable federal authorities. The department
988	shall administer all programs operated from funds secured
989	through the activities of the Florida Water Pollution Control
990	Financing Corporation under s. 403.1837, to fulfill the purposes
991	of this section.
992	(b) The department may make or request the corporation to
993	make loans, grants, and deposits to other entities eligible to
994	participate in the financial assistance programs authorized
995	under the Federal Water Pollution Control Act, or as a result of
996	other federal action, which entities may pledge any revenue
997	available to them to repay any funds borrowed. Notwithstanding
998	s. 18.10, the department may make deposits to financial
999	institutions that earn less than the prevailing rate for United
1000	States Treasury securities with corresponding maturities for the
1001	purpose of enabling such financial institutions to make below-
1002	market interest rate loans to entities qualified to receive
1003	loans under this section and the rules of the department.
1004	(12)(a) It is the intent of the Legislature that for each
1005	reclaimed water utility or any other utility that receives funds
1006	pursuant to this subsection, the appropriate rate-setting
1007	authorities should develop rate structures for all water,
1008	wastewater, and reclaimed water and other alternative water
1009	supply utilities in the service area of the funded utility which
1010	accomplish the following:
1011	1. Provide meaningful progress toward the development and
1012	implementation of alternative water supply systems, including
1013	reclaimed water systems.
1014	2. Promote the conservation of fresh water withdrawn from
1015	natural systems.
1016	3. Provide for an appropriate distribution of costs for
1017	all water, wastewater, and alternative water supply utilities,
1018	including reclaimed water utilities, among all of the users of
1019	those utilities.
1020	(b) Funding assistance provided for a water reuse system
1021	project shall include the following loan conditions for that
1022	project where such conditions will encourage water use
1023	efficiency:
1024	1. Metering of reclaimed water use for the following
1025	activities: residential irrigation, agricultural irrigation,
1026	industrial uses except for electric utilities as defined in s.
1027	366.02(2), golf course irrigation, landscape irrigation,
1028	irrigation of other public access areas, and commercial uses.
1029	2. Implementation of reclaimed water rate structures based
1030	on actual use of reclaimed water for the reuse types listed in
1031	subparagraph 1.
1032	3. Implementation of education programs to inform the
1033	public about water issues, water conservation, and the
1034	importance and proper use of reclaimed water.
1035	Section 22. Subsection (6) of section 403.1837, Florida
1036	Statutes, is amended to read:
1037	403.1837 Florida Water Pollution Control Financing
1038	Corporation.--
1039	(6) The corporation may issue and incur notes, bonds,
1040	certificates of indebtedness, or other obligations or evidences
1041	of indebtedness payable from and secured by amounts received
1042	from payment of loans and other moneys received by the
1043	corporation, including, but not limited to, amounts payable to
1044	the corporation by the department under a service contract
1045	entered into under subsection (5). The corporation may not issue
1046	bonds in excess of an amount authorized by general law or an
1047	appropriations act except to refund previously issued bonds. The
1048	corporation may issue bonds in amounts not exceeding $50 million
1049	in fiscal year 2000-2001, $75 million in fiscal year 2001-2002,
1050	and $100 million in fiscal year 2002-2003.The proceeds of the
1051	bonds may be used for the purpose of providing funds for
1052	projects and activities provided for in subsection (1) or for
1053	refunding bonds previously issued by the corporation. The
1054	corporation may select a financing team and issue obligations
1055	through competitive bidding or negotiated contracts, whichever
1056	is most cost-effective. Any such indebtedness of the corporation
1057	does not constitute a debt or obligation of the state or a
1058	pledge of the faith and credit or taxing power of the state.
1059	Section 23. The Legislature finds that, within the area
1060	identified in the Lower East Coast Regional Water Supply Plan
1061	approved by the South Florida Water Management District pursuant
1062	to s. 373.0361, Florida Statutes, the groundwater levels can
1063	benefit from augmentation. The Legislature finds that the direct
1064	or indirect discharge of reclaimed water into canals and the
1065	aquifer system for transport and subsequent reuse may provide an
1066	environmentally acceptable means to augment water supplies and
1067	enhance natural systems; however, the Legislature also
1068	recognizes that there are water quality and water quantity
1069	issues that must be better understood and resolved. In addition,
1070	there are cost savings possible by collocating enclosed conduits
1071	for conveyance of water for reuse in this area within canal
1072	rights-of-way that should be investigated. Toward that end, the
1073	Department of Environmental Protection, in consultation with the
1074	South Florida Water Management District, Southeast Florida
1075	utilities, affected local governments, including local
1076	governments with principal responsibility for the operation and
1077	maintenance of a water control system capable of conveying
1078	reclaimed wastewater for reuse, representatives of the
1079	environmental and engineering communities, public health
1080	professionals, and individuals having expertise in water
1081	quality, shall conduct a study to investigate the feasibility of
1082	discharging reclaimed wastewater into canals and the aquifer
1083	system as an environmentally acceptable means of augmenting
1084	groundwater supplies, enhancing natural systems, and conveying
1085	reuse water within enclosed conduits within the canal right-of-
1086	way. The study shall include an assessment of the water quality,
1087	water supply, public health, technical, and legal implications
1088	related to the canal discharge and collocation concepts. The
1089	department shall issue a preliminary written report containing
1090	draft findings and recommendations for public comment by
1091	November 1, 2003. The department shall provide a written report
1092	on the results of its study to the Governor and the relevant
1093	substantive committees of the House of Representatives and the
1094	Senate by January 31, 2004. Nothing in this section shall be
1095	used to alter the purpose of the Comprehensive Everglades
1096	Restoration Plan or the implementation of the Water Resources
1097	Development Act of 2000.
1098	Section 24. Authority to adopt ordinance or resolution;
1099	amount of fee; referendum; disbursement.--
1100	(1) Any local government that contains an area or part of
1101	an area designated as an area of critical state concern under s.
1102	380.05, Florida Statutes, may adopt a resolution or ordinance
1103	for imposition and collection of a residential acquisition fee
1104	in the area of critical state concern. A local government may
1105	not adopt an ordinance or resolution to collect a residential
1106	acquisition fee in any area where another local government has
1107	already passed an ordinance or resolution imposing the fee
1108	unless the fee has expired or has failed to be approved by the
1109	electorate. The fee shall be assessed in accordance with the
1110	schedule set forth in subsection (2) of section 24. The
1111	authorization provided in this section shall be construed to be
1112	general law authorization pursuant to s. 1, Art. VII of the
1113	State Constitution.
1114	(2) Such ordinance or resolution must be approved by a
1115	majority of the qualified electors in the affected area of
1116	critical state concern. The ordinance or resolution for fee
1117	adoption must establish the date, time, and place of the
1118	referendum and provide appropriate ballot language, including,
1119	but not limited to, the fee schedule set forth in subsection (2)
1120	of section 24.
1121	(3) Any fees imposed and collected pursuant to this act
1122	shall be deposited into a residential acquisition fund to be
1123	established by ordinance or resolution of the governing body of
1124	the local government imposing the fee. The fund shall be
1125	maintained and administered by the clerk of the court. Six
1126	months after the initial collection, and quarterly thereafter,
1127	the clerk shall remit the proceeds accrued in the residential
1128	acquisition fund, less reasonable administrative costs of the
1129	clerk amounting to no more than $5 per transaction, to the local
1130	government imposing the fee.
1131	Section 25. Applicability of fee; fee schedule.--
1132	(1) The residential acquisition fee shall be imposed at
1133	closing or upon the sale of a single-family residential or
1134	multifamily residential property on a sliding scale based on
1135	purchase price of the property. Commercial, governmental, and
1136	unimproved properties are not subject to the provisions of this
1137	act. Refinancing of residential loans is not subject to the
1138	provisions of this act.
1139	(2) The fee is based on the following schedule:
1140
1141	SCHEDULE OF FEES
1142
1143	PURCHASE PRICE OF PROPERTY PERCENTAGE OF FEE
1144	Properties purchased at $249,999 or less..............0%
1145	Properties purchased at $250,000 to $499,999.......1.00%
1146	Properties purchased at $500,000 to $999,999.......1.50%
1147	Properties purchased at $1,000,000 to $1,999,999...1.75%
1148	Properties purchased at $2,000,000 or more.........2.00%
1149
1150	Section 26. Collection of fee.--At the time of closing or
1151	upon the sale of a single-family residential or a multifamily
1152	residential property, the closing agent, the representative of
1153	the closing agent, or the seller must collect and remit the fee
1154	to the clerk. The closing agent, the representative of the
1155	closing agent, or the seller must provide a space on the buyer
1156	and seller disbursement statement or an addendum accompanying
1157	the buyer and seller disbursement statement identifying the fee
1158	and must disclose the amount of the fee to the prospective
1159	buyer.
1160	Section 27. Utilization of funds.--Funds received by the
1161	local government pursuant to this act shall be used for the
1162	creation of or improvements to wastewater or stormwater
1163	facilities. Division of funds between the county and
1164	municipalities in areas of critical state concern shall be in
1165	accordance with any existing agreement between the county and
1166	municipalities addressing priorities for uses established in
1167	this act. Funds collected under this act may be used to complete
1168	projects currently underway or projects undertaken pursuant to
1169	this act.
1170	Section 28. A local government’s authorization to impose
1171	or collect the fee authorized under this act shall expire 10
1172	years after the termination of the designation of the area of
1173	critical state concern pursuant to s. 380.05, Florida Statutes,
1174	in which the local government is located.
1175	Section 29. This act shall take effect upon becoming a
1176	law.
1177